UNPAID OBLIGATIONS. The non-defaulting party shall be under no obligation to prioritize the order with respect to which it exercises any one or more rights and remedies available under this Agreement. Notwithstanding anything to the contrary herein, the defaulting party shall in all events remain liable to the non-defaulting party for any amount payable by the defaulting party in respect of any of its obligations remaining outstanding after any such exercise of rights or remedies.
Appears in 4 contracts
Samples: Energy Management Services Agreement, Lease Agreement, Escrow Agreement
UNPAID OBLIGATIONS. The non-defaulting party Party shall be under no obligation to prioritize the order with respect to which it exercises any one or more rights and remedies available under this Agreement, unless a priority is required by a Party's obligation to mitigate its damages. Notwithstanding anything to the contrary herein, the defaulting party Defaulting Party shall in all events remain liable to the non-defaulting party Party for any amount payable by the defaulting party Defaulting Party in respect of any of its obligations remaining outstanding after any such exercise of rights or remedies.
Appears in 1 contract
UNPAID OBLIGATIONS. The non-defaulting party Party shall be under no obligation to prioritize the order with respect to which it exercises any one or more rights and remedies available under this Agreement. Notwithstanding anything to the contrary herein, the defaulting party Defaulting Party shall in all events remain liable to the non-defaulting party Party for any amount payable by the defaulting party Defaulting Party in respect of any of its obligations remaining outstanding after any such exercise of rights or remedies.
Appears in 1 contract
Samples: Energy Credit Purchase Agreement
